A DONEGAL man working in West Cork observed driving erratically through Bandon while on his way to return a pizza asked a garda if he hit him, would he hit him back.
At Bandon District Court, Jonathan Devine (32) with an address at 6 Woodbrooke, Kinnegar Road, Rathmullen, Co Donegal pleaded guilty to drink driving as well as engaging in threatening, abusive, insulting words or behaviour.
Sgt Trish O’Sullivan told Judge James McNulty that at 11.40pm on April 28th last Gda Brian Blake was on duty at Patrick’s Quay when he saw the defendant drive through a Stop sign without
stopping.
‘He then turned left without indicating and drove past the church on Rice’s Road. Gda Blake followed him and activated the blue lights while driving an unmarked car,’ said Sgt O’Sullivan.
‘While he was onto Bandon Garda Station to verify the defendant’s details, Mr Devine began speaking over him saying he wanted his driving licence back and tried to take it back from Gda Blake and said: “If I hit you, will you hit me back?’”
Gda Blake cautioned Mr Devine, while Gda Michael Cadogan, who was at the station and had heard what was happening on the phone call, arrived on the scene. The court heard Mr Devine failed a roadside breath test and gave a reading of 59mcgs of alcohol per 100mls of breath, which carries a two-year driving ban.
The court heard he has one previous conviction for speeding and received the benefit of the probation act in 2014 for ripping up Sunday newspapers which had been delivered outside a shop.
Solicitor Eamonn Fleming said that incident occurred nine years ago and his client has managed to stay out of trouble since. He said Mr Devine works in the building trade and is currently working in the Clonakilty area.
‘He certainly didn’t cover himself in glory but he was co-operative later at the garda station and he handed Gda Blake a letter of apology earlier in court,’ said Mr Fleming. Judge McNulty said his behaviour on the night was ‘not good’ and if he had better manners he might have been allowed go on his way. The court heard that he had been drinking with his girlfriend that night and got pizza afterwards.
‘However, he got into his car and drove back to change the pizza which was foolish and he aggravated it by the way he spoke to Gda Blake. His letter sets out his contrition and while I had to suggest it, he did write it himself,’ said Mr Fleming.
Judge McNulty disqualified him from driving for two years, convicted and fined him €100, and also convicted and fined him another €100 on the public order charge. The judge said the bad news is that there is now a record of him committing public order offences in West Cork. Mr Fleming sought a deferral of the disqualification until January of next year, which was granted by Judge McNulty.
